Patna High CourtCR. MISC./77930/2018dismissed

Dhirendra Kumar Akela v. The State Of Bihar

2019-01-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77930 of 2018 Arising Out of PS. Case No.-111 Year-2016 Thana- GHORASAHAN District- East Champaran ====================================================== Dhirendra Kumar Akela son of Akshay Lal Ram Resident of Village - Majirba, P.S. - Chiraiya, Distt. - East Champaran. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-01-2019 Petitioner apprehends his arrest in connection with Ghorasahan P.S.Case No. 111 of 2016 registered for the offences punishable under Sections 409, 120B and 34 of the Indian Penal Code.

Earlier prayer for anticipatory bail of the petitioner was rejected twice by co-ordinate Bench of this Court vide order dated 19.8.2017 in Cr.Misc.No. 39370 of 2018 and vide order dated 4.4.2018 in Cr.Misc.No. 10741 of 2018. Allegation against the petitioner, who happens to be In-charge Headmaster, is of defalcation of amount of Rs.6,74,350/- which was sanctioned for construction of school building for the financial year 2008-09.

Submission of learned counsel for the petitioner is

Patna High Court Cr.Misc. No.77930 of 2018(2) dt.04-01-2019 2/2 that he has returned part of the amount and he is now ready to deposit rest of the amount, if some time is granted to him. Heard learned APP also.

Having heard both sides and in view of the fact that earlier prayer for anticipatory bail of the petitioner was rejected twice by co-ordinate Bench of this Court, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, petitioner may surrender and pray for regular bail, which shall be considered on the basis of materials available on record and also considering the submission that petitioner is ready to return the amount.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T